How long before your claim is resolved depends on how long you remain under the care of your health care providers. You never want to settle an injury claim until your doctors agree that you are fully recovered or, if you will not make a full recovery, until you reach “maximum medical improvement.”  This essentially means that you are as good as you are going to get, and that your condition is stable. Once you reach that level, we can then fully evaluate your claim. We typically share that information with our clients and then submit a settlement proposal to the responsible automobile insurance company.

Keep in mind that once your claim is resolved with the auto insurance company, you are required to sign a Release which is a contract wherein you agree to forever release the insurance company from any further responsibility for your injuries, whether anticipated or unanticipated. Once the Release is signed, your claim is over.

As your Omaha injury lawyer, we look at each claim individually.

Another question we frequently hear is what factors determine the amount of a personal injury settlement or verdict. As your Omaha injury lawyer we approach every claim differently; however, the most common factors are:

1. The nature of the injury (soft-tissue, fracture, surgical), how long you are under medical care, and the types of treatment you received.
2. Whether you made a full recovery or, in the opinion of your health care providers, suffered a permanent injury and, if so, whether and how that injury affects your lifestyle and/or ability to earn a living.
3. The amount of your medical bills and the amount of future treatment you are likely to require.
4. The amount of your lost wages/lost income.

While there are other factors, these are the most common ­- ones that we, as Omaha injury lawyers, deal with on a daily basis.

Examples of out-of-pocket costs that we typically incur for our clients are motor vehicle accident reports, medical records and reports, photographs and/or video, filing and other court fees, service of process fees, expert consultant and witness fees, deposition costs, court transcripts, photocopying, printing and other reproduction charges, and postage.  We incur only those costs that are absolutely necessary to resolve your claim, and in the great majority of the cases we handle, the costs are insignificant when compared to the client’s share of the recovery from the responsible party (typically an insurance company).

We at Knowles Law Firm are committed to getting our clients what they deserve under the law and doing it as quickly and efficiently as possible.  We hope that if you are ever in need of an Omaha injury lawyer you will consider us.  Feel free to contact us for additional information at 402-431-9000 or via email accessible from this site.

First, Nebraska law provides that an injured party is entitled to be “fairly” compensated for his or her injury. It sets forth a list of things that a jury may consider in making this decision. Those include: the nature and extent of the injury, including whether the injury is temporary or permanent; cost of medical care (past and future); amount of lost wages/salaries/profits, physical pain and mental suffering (past and future); loss of earning capacity (not always applicable); and, in some unique cases, a spouse’s loss of consortium.

We are careful to explain to our clients that we can’t even guess what his or her injury claim is worth until the client has completed all medical treatment, or until he or she has at least reached the point of “maximum medical improvement.” Only then will we fully know everything he or she went through, as a result of the accident.

Having said that, an injury victim’s claim is worth what a jury of his or her peers thinks after hearing all of the evidence presented at trial. The evidence in a personal injury case typically includes testimony from you and your treating physician(s), among other things. At the conclusion of the trial, it is the jury (or, in some unusual situations, the judge) who decides what amount of money “fairly” compensates our client. It is important to understand what will not enter into a jury’s deliberations (i.e., what you, your spouse, family, friends, doctor(s), lawyer, etc. think is “fair”).

Thus, when a client asks us what we think his or her claim is worth, we are going to convey what we think a jury will find “fair.” Because, if your personal injury claim cannot be settled beforehand (at Knowles Law Firm, most of them are), a trial will be necessary. Of course, it’s impossible to know exactly what a jury will think, as it’s difficult to predict future human behavior. But, due to our significant experience in this area, we have developed what we believe is a good “feel” for how juries in this community value injury claims.

At Knowles Law Firm, we focus our practice on personal injury law including product liability claims. From a defective stair design to a defective school gymnasium pad, we’ve successfully handled these sorts of claims.

Injuries caused by defective consumer products are not an uncommon occurrence. Just look at these recall headlines from the Consumer Product Safety Commission, all from November 2011:

• November 16 – Collective Brands Recalls KEDS Girls’ Shoes Due to Laceration Hazard
• November 16 – Children’s Animal Slippers Recalled Due to Choking Hazard; Sold Exclusively at Family Dollar Stores
• November 15 – Michaels Stores Recalls Ashland Brand Glass Vase Due to Laceration Hazard
• November 3 – Under Armour Recalls Chin Straps for Football Helmets Due to Laceration Hazard
• November 1 – Kiddieland Recalls Disney-branded Fairies Plastic Trikes Due to Laceration Hazard

It’s important to realize that defective products aren’t always something you buy in a store. They could be a defective chairlift for a handicapped person, a faulty automobile part that causes an injury accident or a medication with an under-communicated side effect. Product liability lawsuits can also be common in the workplace especially for construction and industrial workers.

Here are some links to help you learn more about defective product injuries:

• Consumer Product Safety Commission: http://www.cpsc.gov/
• Toy Safety: http://www.uspirg.org/issues/toy-safety
• Unsafe products: http://www.saferproducts.gov/

At Knowles Law Firm, we wish you and your family a fun and SAFE holiday. But if you or someone you know is injured by a defective product, we’re here to help. We have a long history of successfully handling personal injury and product liability claims in Nebraska. And we offer a free initial consultation. So if you have any questions about your accident, you can call and talk to us, for free.

Did you know that at any given time 10% of all drivers on the road are distracted in some way?  That means one in every 10 cars you pass has a distracted driver.  According to a 2009 report from the National Highway Traffic Safety Administration (NHTSA), nearly one million car accidents were caused by driver distractions.  448,000 of those accidents resulted in an injury.  5,474 resulted in a fatality.

The most common distraction is the cell phone.  Whether texting or talking, cell phone usage causes almost 20 percent of all distracted driving accidents.  Talking or texting while driving has become a major problem on U.S. roadways.

• Of those killed in distracted-driving-related accidents, 995 involved reports of a cell phone as a distraction.
• 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.
• Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.
• Using a cell phone while driving, whether it’s hand-held or hands-free, delays a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah).
• 9% of drivers in the United States reported texting or e-mailing “regularly or fairly often” while driving.
• 52% of U.S. drivers ages 18-29 reported texting or e-mailing while driving at least once in the last 30 days, and more than 25 percent reported texting or e-mailing “regularly” or “fairly often” while driving.

To learn more about distracted driving, here’s a list of helpful links:

• Centers for Disease Control and Prevention: Motor Vehicle Safety
• US Department of Transportation: 2009 Traffic Safety Facts
• Distraction.gov

If you or a loved one has been injured in a distracted-driver accident, you need to know your rights and if you have the grounds for a legal case.  That’s where the personal injury law firm, Knowles Law Firm, comes in.  We’re personal injury experts with a long history of successfully handling automobile accident injury cases in Nebraska.  And we offer a free initial consultation.  So if you have any questions about your accident, you can call and talk to us, for free.

If you’ve been injured in an automobile accident, call the Omaha personal injury law firm of Knowles Law Firm today.